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Home My WebLink AboutPC Res 09-25 - 2009-06-03 RESOLUTION NUMBER 09-25 OR/6//o1 'V41.. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING HEIGHT VARIATION 09-5, A REQUEST TO ALLOW THE CONSTRUCTION OF A NON-HABITABLE ARCHITECTURAL FEATURE TO HOUSE AN ELEVATOR AT A PROPOSED SINGLE FAMILY DWELLING AT 202 TENTH STREET. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On April 15, 2009, Mr. Robert Tavasci submitted an application to the Department of Development Services for Height Variation 09-5. The proposed project would allow for the construction of a non-habitable architectural feature in excess of the 25-foot height limit. Specifically, the applicant proposes to construct a 4'-10" by 11 '-10" elevator enclosure to exceed the height limit by 5' -6"; 7 feet is the maximum height variation permitted. Section 2. Pursuant to 14 Calif. Code of Regs. 9 15025(a) staff has determined as follows: The application for Height Variation No. 09-5 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. 9 15303(a) (New Construction of Small Structures), because the application is for the construction of three (3) or less single family dwellings in an urbanized area; 9 15305 (Minor Alterations in Land Use Limitations) because the request is for a minor alteration in land use limitations in an area with an average slope of less than 20% and no changes in land use or density are involved; and, pursuant to 9 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 3. A duly noticed public hearing was held before the Planning Commission on May 20, 2009 to consider Height Variation 09-5. At the public hearing, the Planning Commission received into evidence all written and oral testimony presented on the subject application. Section 4. The record ofthe hearing indicates the following: (a) On April 15, 2009, Mr. Robert Tavasci submitted an application to the Department of Development Services for Height Variation 09-5. (b) The proposed project would allow for the construction of a non-habitable architectural feature in excess of the 25-foot height limit. Specifically, the applicant proposes to construct a 4' -1 0" by 11'-10" elevator enclosure to exceed the height limit by 5'-6"; 7 feet is the maximum height variation permitted, at a new single family dwelling located at 202 Tenth Street. 1 of3 Planning Commission Resolution No. 09-25 Height Variation 09-5 202 Tenth Street June 3. 2009 (c) The subject property is described as 202 Tenth Street; since this lot will be created by a reversion to the original subdivision boundaries, an Assessor's Parcel Number has not yet been assigned to this particular lot. This lot is located in what is generally referred to as "Old Town.". (d) The subject property will be rectangular in shape with a lot area of 2,938 square feet. The property will have 25 feet of street frontage and will be 117.50 feet in depth. (e) The surrounding land uses and zoning are as follows: NORTH, SOUTH, EAST & WEST Single and Multiple family dwellings located in the Residential High Density Zone (RHD). (t) The City received both written and oral responses in opposition to the proposed project as s result of its mailed notice regarding Height Variation 09-5. Section 5. Based upon the evidence in the record, including the facts stated in ~ 4 of this resolution and pursuant to ~ 28-2317(4) of the City's Code, the Planning Commission hereby finds as follows: (a) Height Variation 09-5 is one of two applications on immediately adjoining properties, and such a concentration of CRAS structures is not compatible with the surrounding neighborhood, therefore, the CRAS requested by Height Variation 09-5 is not consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "high density residential" designation for the subject property and permits single family residential uses. The use is also not consistent with the remaining elements of the City's General Plan as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is not consistent with the General Plan. (b) The proposed non-habitable covered roof access structure is not compatible with the remainder of the neighborhood, as the project has become the subject of protest by the community. (c) The proposed non-habitable architectural feature would significantly impair the primary view of properties located within 300 feet of the subject property. Section 6. Height Variation 09-5. Based on the foregoing, the Planning Commission hereby denies 20f3 Planning Commission Resolution No. 09-25 Height Variation 09-5 202 Tenth Street June 3, 2009 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 3rd day of June 2009 by the following vote: AYES: Commissioners Deaton, Bello, Eagar, and Massa-Lavitt NOES: Commissioners None ABSENT: Commissioners Larson ABSTAIN: Commissioners None ~~ Chairperson, Planning Commission Lee Wliitten'berg Secretary, Planning Commissio ***** 300